Thomas W. Burton - Page 15




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          (particularly if the losses from the activity generate                      
          substantial tax benefits) may indicate that the activity is not             
          engaged in for profit especially if there are personal or                   
          recreational elements involved."  Sec. 1.183-2(b)(8), Income Tax            
          Regs.  Petitioner had $144,787 in gross receipts from legal                 
          services.  On his return, he reported $61,321 of business income            
          from the law offices and $44,369 of capital gain.  Obviously,               
          petitioner does not rely on his farm activity for income.  The              
          income from petitioner's law practice gives petitioner the means            
          to wait for the trees to grow.  The losses from the activity                
          generate substantial tax benefits for petitioner.  In addition,             
          he benefits from the recreational elements involved in visiting             
          his second home every weekend.                                              
               We consider whether there are elements of personal pleasure            
          or recreation.  "The presence of personal motives in carrying on            
          of an activity may indicate that the activity is not engaged in             
          for profit, especially where there are recreational or personal             
          elements involved."  Sec. 1.183-2(b)(9), Income Tax Regs.                   
          Petitioner travels to his second home in the mountains every                
          weekend and spends up to 3 days in that home.  He claims he                 
          spends the equivalent of 1 day a month on activities allegedly              
          related to the apples and timber.  When he purchased the property           
          he did not plan on using it to grow timber.  As petitioner                  
          admits, the property was purchased primarily for recreational               
          reasons; i.e., for use as a second home.                                    
               Petitioner mainly relies upon the argument that after the              





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